GERALD C.
-I-_--_ --
Honorable Hill D. Hudson
Mstriot Attorney
109th Judicial mstrict
Pecos, Texas
Dear Sir: Opinion NO. 0-3056
Re: County Health Officer must
reside in county.
your request for opinion has been received and carefully
considered by this department. We quote from your request as
follows:
"I have been asked by the Commlsaloners~Court of
Loving County to request an opinion from your offioe
on the follow~lngtwo matters.
"In the first place, Loving County is a county of very
limited population and having no resident licensed
physician within Its boundaries. Evidently they have
some need of a county health officer and have sought
to make Dr. W. D.Black of Ward County, Texas, county
health officer and to pay him as such. They are not
sure that payment to him sould be legal since he does
not reside within the county. I can find no decision
wherein this question has been settled. Article 4423
of the Revised Civil Statutes of 1925 places no llmita-
tlon as to residence.
"The first question they desire your opinion on is:
Can Loving County legally pay a county health officer
who performs the duties of such office, whet that
officer Is not a resident of Loving County?
Section 14 of Article 16, Texas Constitution,reads as follows:
"Sec. 14. All civil officers shall reside within the
State; and all district or county officers within their
districts or counties, and shall keep their offices at
such places as may be required by law; and failure to
Honorable Hill D. Hudson, Page 2, 0-3056
comply with this condition shall vacate th office
so held.”
Article 2928, Vernon's Annotated Texas Civil Statutes of Texas,
reads in part as follows:
"Neitherthe Secretary of State, nor any county
judge of this State, nor any other authority authorized
to Issue certificates,shall Issue any certificates
of election or appointmentto any person elected or
appointed to any office in this State, who is not
eligible to hold such office under the Constitutionof
this State....."
Article 4423, Vernon's AnnotatedTexas Civil Statutes, reads
as follows:
"The commisslonerscourt by a majority vote In each
organized county shall biennially appoint a proper
person for the office of county health officer for
his county, who shall hold office for two years. Said
county health officer shall take and subscribe to the
official oath, and shall file a copy of such oath and
a copy of his appointmentwith the Texas State Board of
Health; and, until such copies are so filed, said
officer shall not be deemed legally qualifled.
Compensationof said county health officer shall be
fixed by the commissionerscourt; provided, that no
compensationor salary shal+ be allowed except for
services aotually rendered. (Underscoringours).
Article 2351, Vernon's Annotated Texas Civil Statutes reads
in part as follows:
'Each commissionerscourt shall:
II
....
"11. Provide for the support of paupers and such
idiots and lunatics as cannot be admitted into the
lunatic asylum, residents of their county, who are
unable to support themselves. By the term resident as
used herein, is meant a person who has been a bona
fide inhabitantof the county not less than six
months and of the State not less than one year."
Article 4418f, Vernon's Annotated Texas Civil Statutes of
Texas, reads as follows:
. -
Honorable Hill D. Hudson, Page 3, O-3056
"It shall be lawful for the State Department of Health
to accept donations and contributions,to be expended
in the interest of the public health and the enforcement
of public health laws. The CommissionersCourt'of any
County shall have the authority to appropriateand
expend money from the general revenues of its County for
and in behalf of public health and sanitationwithin tts
County." (Underscoringours)
We think that a county health officer Is clearly a county
officer and subject to the provisions of Section 14 of Article
16 of our State Constitution. It is our further opinion that
the CommissionersfCourt has no authority to appoint a non-
resident doctor to the office of County Health Officer.
However, we wish to point out that the Commissioners'Court
has broad powers wlth respect to the aid of resident paupe.rs,
lunatics and idiots under subdivision11 of Article 2351,
supra, and also has broad powers with respect to the expendi-
ture of general revenue funds of the county for and in behalf
of the public health and sanitationwithin the county. Since
Loving County does not have a resident physician within the
county there could be no legally appointed de jure county
health officer for said county; however, we think the
Commissioners'court of Loving County would have authority
to employ a non-residentphysician (without appointinghim
County Health Officer) to give medical treatment to resident
paupers, lunatics and idiots within the statute and could
also emplpy him to perform various services they deemed
necessary for and in behalf of public health and sanitation
within their county, and could pay said physican for such
services out of the general revenue funds of the county.
Very truly yours
ATTORNEY GENERAL OF TEXAS
WJF:AW/cge By a/ Wm. J. Fanning
APPROVED FEBRUARY 3, 1941 Wm. J. Fanning
a/ Grover Sellers Assistant
FIRST ASSISTANT
ATTORNEY GENERAL
APPROVED OPINION COMMITTEE
By BWB, Chairman